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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
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ANALISIS YURIDIS TERHADAP PEREMPUAN SEBAGAI KORBAN PERDAGANGAN MANUSIA DALAM PEREDARAN GELAP NARKOTIKA DI INDONESIA Sembiring, Damenta; Deliana, Evi; ', Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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In the European continent, especially Britain, human trafficking andslavery began with the conquest of the British state to several countries outsidethe European continent. Slavery or servitude has existed in the history of theIndonesian nation. In the days of previous kings, women were a complementarypart of the feudal system of government. In the era of globalization, slavery is rifein its illegal and veiled form in the form of trafficking in women. Women areemployed in dangerous sectors, forbidden work, for forced labor, victims ofsexual exploitation in pornography, prostitution and the most attention is made asdrug couriers. Women do not know that the work that they do does often have todeal with the law even though the women involved are only victims of a crime.The type of research used by researchers is normative juridical legalresearch or can also be called doctrinal legal research. Normative legal researchis a literature study of legal studies. In this normative research the law isconceptualized as what is written in the legislation (law in books) or also the lawis conceptualized as a rule or norm which is a standard of human behavior that isdeemed appropriate. In this study researchers conducted research on theprinciples of law, by way of making prior identification of the legal principles thathave been formulated in the legislation. This study utilizes descriptive methods.The results of this thesis research, it can be seen that women's traffickingis closely related to narcotics crime. The main finding in this study is one of themost prominent patterns in narcotics distribution is the use of women as one ofthe links, especially as narcotics couriers. The existence of women in the narcoticstrade is a chain of trafficking in women that at first glance does not appear(invisible) and is difficult to identify if it does not critically study it. For thisreason, in the legal process and law enforcement against a criminal act,especially in this research must be careful to realize justice for women victims.Suggestions in this thesis research considering that there are still manyinvitations found that are discriminatory against women in the framework of theirlegal protection, it is suggested that a revision of the Law be made. Finally, inorder to break the chain of trafficking in women, especially in the form ofnarcotics circulation must require mutual concern and be the responsibility of allparties, because it concerns the future of the future generation.Keywords : Trafficking of Women - Victims – Justice
PENEGAKAN HUKUM TINDAK PIDANA PENADAHAN KENDARAAN BERMOTOR HASIL PENCURIAN DI WILAYAH HUKUM KEPOLISIAN SEKTOR KUBU Nuri Indriyanti; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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The criminal act of tribunal shall constitute the act of evil relief or conspiracy as the act is regulated in article 480 of the Criminal Code. The problems that arise in the community, especially in Kubu sub-district of Rokan Hilir Regency are the people of Kubu Sub-district consider that the crime is not a crime but an ordinary thing, it happens because of the lack of awareness and legal compliance of the community, so the action tends to be ignored.The purpose of this thesis writing is: firstly to know the law enforcement of criminal acts of motor vehicle stolen from theft in the jurisdiction of the police sector of the camp, secondly to know what are the obstacles in law enforcement criminal act of stolen motor vehicle stolen in jurisdiction of police sector, and third to determine the right effort to overcome obstacles of criminal law enforcement of motor vehicle stolen results in the jurisdiction of the police sector of the faction. This type of research can be classified in the type of sociological juridical research, because in this study the authors directly conduct research on the location or place studied in order to provide a complete and clear picture of the problem under investigation.From the results of research problems there are three main things that can be concluded. First, the enforcement of criminal law on theft of motorized vehicles in the jurisdiction of the Police of the Kubu Sector is conducted based on reports or complaints of the community as victims. Secondly, the obstacles to enforcement of criminal acts of motor vehicle suspension in the jurisdiction of the Police in the Kubu Sector are the social condition of the community, the development of the regional mode by making a considerable distance, the low awareness of community law, the lack of socialization with the community, and the lack of supervision by the enforcement officers law. Third, the efforts made to overcome obstacles in the law enforcement of criminal acts of motor vehicle stolen from theft in the jurisdiction of the Police of Kubu Sector is by reducing the number of motor vehicle theft, while the effort to enforce its law is by socializing or counseling the law and increasing supervision and cooperation between the Police of the Regional Sector on the stolen vehicle rearrangement of theft.Keywords: Law Enforcement - Crime - Penalahan
PENYELESAIAN SENGKETA TERHADAP HARTA BENDA MILIK KESULTANAN SIAK ANTARA PEMERINTAH DAERAH DENGAN PIHAK KELUARGA RAJA SIAK Reza Ramadhana F.; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Istana Peraduan yang merupakan benda peninggalan bersejarah yang berdiri diatastanah komplek Istana Siak Sri Indrapura tersebut ditempati oleh pihak keluarga raja Siakyang merupakan anak tiri dari Sultan Syarif Kasim II, hal ini menjadi rebutan dan awal pokokpermasalahan yang terjadi antara pihak keluarga Raja Siak dengan pihak pemerintah daerahSiak dalam rangka penguasaan aset bersejarah yang berupa bangunan istana Peraduan. Darilatar belakang diatas maka penulis melakukan penelitian dengan judul” PenyelesaianSengketa Terhadap Harta Benda Milik Kesultanan Siak Antara Pemerintah Daerah DenganKeluarga Raja Siak”Adapun permasalahan yang penulis jadikan dasar dalam penelitian ini adalahbagaimanakah permasalahan kepemilikan harta benda milik Kesultanan Siak antarapemerintah daerah dengan pihak keluarga Raja Siak, dan bagaimana proses penyelesaiansengketa yang dilakukan oleh pemerintah daerah Siak melalui Pengadilan Negeri Siak,sedangkan tujuan penelitian ini adalah Untuk mengetahui permasalahan kepemilikan hartabenda milik Kesultanan Siak antara pemerintah daerah dengan pihak keluarga Raja Siak danuntuk mengetahui proses penyelesaian sengketa yang dilakukan oleh pemerintah daerahmelalui Pengadilan Negeri Siak.Jenis penelitian ini dapat digolongkan dalam jenis penelitian hukum sosiologis atauempiris, karena dalam penelitian ini penulis langsung mengadakan penelitian pada lokasi atautempat yang diteliti guna memberikan gambaran secara lengkap dan jelas tentang masalahyang diteliti. Lokasi penelitian ini dilakukan di Komplek Istana Kerajaan Siak. Sumber yangdigunakan, yaitu: data primer dan data sekunder. Teknik pengumpulan data dalam penelitianini dengan observasi, wawancara, dan kajian pustaka.Hasil dari penelitian ini adalah pertama Kepemilikan harta Kerajaan Kesultanan Siakmenjadi kepemilikan dari keturunan Sultan Siak II berdasarkan Undang-Undang Nomor 11Taahun 2010 Tentang Cagar Budaya, tepatnya pada bab IV tntang Penguasaan dan pemelikanBenda Cagar Budaya, pada Pasal ini menegaskan bahwa Benda Cagar Budaya dapat dimiliki,kedua Sengketa yang bersumber dari persoalan tanah, baik konflik horizontal maupunvertikal antara masyarakat dengan pihak swasta atau bahkan pemerintah menyangkut tanahtanahperkebunan masih saja terjadi dan tidak kunjung selesai. Masing-masing pihak yangterlibat dalam sengketa sama-sama mengklaim paling berhak atas tanah yang menjadi sumberpersengketaan tersebut. Sedangkan proses melalui pengadilan atau secara litigasi sendiridilakukan karena proses mediasi dengan pihak keluarga Kerajaan Siak tidak menemukan titikterang.Kata Kunci: Sengketa, Harta Benda, Hibah
PERLINDUNGAN HUKUM TERHADAP PEKERJA ANAK DI INDONESIA DALAM PERSPEKTIF INTERNATIONAL LABOUR ORGANIZATION CONVENTION Sari, Isna Kartika; Deliana, Evi; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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In order to ensure the rights of children and reduce the adverse effects of child labor, a number of rules have been set up to provide protection to child labor such as the ILO Convention concerning The Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor and Minimum Age for Admission to Employment. However, various forms of action that resulted in non-fulfillment of rights in children is still often occur. The purpose of this thesis, namely; First, to provide comprehension of the legal protection of child laborers in Indonesia in the perspective of the ILO Convention, Second, to provide comprehension of the barriers to legal protection of child labor in Indonesia.The type of research used in this thesis is normative legal research. The author conducts research on legal principles that start from certain legal areas. Where the authors are guided by the provisions applicable as legal protection against child labor in Indonesia.This thesis discussed about; First, from the existing data can be seen that Indonesia has not been able to implement the agreement with the maximum in accordance with the principle of pacta sunt servanda. Implementation of legal protection against child labor has not matched expectations and reality. In addition, the ILO Convention has not fully fulfilled the rights of children, particularly in children who is working in the informal sector. Second, the barriers to legal protection of child labor in Indonesia are complex and related to various aspects of life, consisting of factors, improper implementation of the provisions, and socio-cultural factors. The suggestion of this tesis are; First, the government has to implement and follow up the provisions set by the ILO Convention because the implementation still has not achieved the goal of the rule. Currently, legislation focuses on the protection of working children, not specifically aimed at eliminating the existence of child labor. So the government should make a comprehensive regulation to eliminate the existence of child labor. Second, the active role of various parties responsible and responsible for the implementation of legal protection of child labor is required. The relevant agencies must carry out their respective roles and responsibilities in order to prevent and cope with child labor. The community should be given a comprehension of the importance of child rights protection and fulfillment. More efforts must be done continuously, sustainably, and unified by all parties together.Keywords: Legal Protection - Child Labor - ILO Conventions
PENEGAKAN HUKUM PEREDARAN MINUMAN MENGANDUNG ETIL ALKOHOL ILEGAL TANPA CUKAI BERDASARKAN UNDANG-UNDANG NOMOR 39 TAHUN 2007 PERUBAHAN ATAS UNDANG-UNDANG NOMOR 11 TAHUN 1995 TENTANG CUKAI DI WILAYAH HUKUM KANTOR PENGAWASAN DAN PELAYANAN BEA DAN CUKAI (KPPBC) TIPE MADYA PABEAN B KOTA TANJUNGPINANG Tri Handika Putra; Erdianto Effendi; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Excise also known as state’s charge imposed for some specific commodities which have characteristics written in law, it functions as state’s income for the need of public welfare. The distribution of illegal Alcohol without excise in Tanjungpinang uses some operating mode such as the distribution of plain Alcohol without excise and the distribution of Alcohol in the free trade zone, until now none of the cases related to the distribution of illegal Alcohol processed in the trial. Hence, there are a lot of questions related to the cases and the public are wondering why the distributions seems so legal among the society even though there are some distributors that have been arrested. The objectives of this research are; first, the law enforcem ent of the distribution of illegal Alcohol without excise. Second, the obstacles found during the law enforcement of the distribution of illegal Alcohol without excise. Third, the efforts made to overcome the obstacles in law enforcement of the distribution of illegal Alcohol without excise.The conclusion of this research are; First, the Directorate General of Customs and Excise did some preventive actions such as conducting a law counselling, observation and patrolling, whereas in the repressive way they arrest the litigants, confiscating or prohibiting the distribution of illegal commodities and market operation. Second, the obstacles found during the law enforcement are internal factors such as lack of staffs and operational facilities. While, the external factors are the boundaries of free trade zone are not clear, role of society and small traders which is less and the difficulty in finding the illegal distributors of Alcohol. Third, the efforts made to fix the problems related to customs and excise are by proposing the addition of staffs in the Directorate General of Customs and Excise and adding the operational facilities. In addition, other external parts that have to be considerate are by improving the security of Sri Bintan Pura Tanjungpinang as an international harbour, patrolling and coordinating with The Indonesian Navy, raising the awareness, law-abiding and doing some observation with the intelligence team.The writer’s suggestions related to the problems of this research are; first, the writer hopes the solutions may reach the small traders and the distributors of illegal Alcohol without excise. Second, for the government as the policy maker may find some ways to make the boundaries of free trade zone become clearer. Third, the government can enforce the criminal sanctions of excise.Key Words: Law Enforcement – Distribution – Alcohol without Excise
PROBLEMATIK YURIDIS PEMBUKTIAN TINDAK PIDANA KORUPSI DENGAN MENGGUNAKAN AUDIT KEUANGAN BPK DAN BPKP Bernatd Jufly; Erdianto '; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Corruption is no longer a crime that can be classified as a conventional crime. As a crime of extraordinary crime, when viewed from the victim, what is generated from this crime is not limited to individuals but the community, nation and state. So this crime has caused a setback for Indonesia. One element of the corruption offense is the "State Financial Loss", in Article 6 letter a of Law Number 30 of 2002 concerning the Corruption Eradication Commission, it states that "the Corruption Eradication Commission can coordinate with agencies authorized to eradicate corruption". One of the problems that occur regarding supervision of state finances is which state institution has the right to determine the existence of a state loss. Particularly between the BPK and BPKP because of the differences in the results of calculating State losses carried out by the BPK and BPKP at the local government level. This lack of clarity causes a problem for law enforcement officials to use the audit results from the BPK or BPKP. This study uses a normative legal research typology or what is also called doctrinal legal research which more specifically discusses the principles of law. In this study the author uses the meaning of descriptive research, because the author describes the problematic juridical proof of criminal acts of corruption by using BPK and BPKP financial audits. The results of the research conducted by the authors are that there are contradictions between the two institutions that clearly have different positions, roles and authorities, and legislation needs to be clearly and logically established and ideal in regulating state financial audits related to proof of criminal acts of corruption. This is needed so that there will be no multiple interpretations or doubts. Keywords: Problems-Proof of corruption-financial audit
PERTANGGUNGJAWABAN PIDANA KASUS PENYEBARAN BERITA BOHONG LEWAT JEJARING MEDIA SOSIAL BERDASARKAN UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK MEILIDAR ZEBUA; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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The development of information technology influences on the developed of the new modern crime that is hoax. Netizen feels freedom to their personal accounts. The sanctions is required forprovide shock therapy. Beside that, needless to undermine the spirit of freedom of expression in a democratic system. The purpose of this thesis, namely; First, criminal liability for cases of distributing hoax through social media networks. Second, the ideal effort to solve the case of distributing hoax through social media networks.This research is a normative juridical research. This research uses the literature study and data analyst as the main focus. This research describing deduction clearly and detail about a problem.The conclusion is, First, the criminal liability of cases of distributing hoax through social media networks must comply with all elements of crime listed in Article 28 paragraph (1). But, criminal liability does not materialize because the victims are passive and ignore their hoax case. Second, the ideal effort to solve this problem can be realized by involving the role of the Government and wide society. Include the social media network. Author's suggestion, First, there should be a separation of criminal sanctions between the maker and distributor of hoax because almost netizen quickly to choose share features if they find new information. Need to be add an explanation of Article 28 paragraph (1) regarding the loss of consumer considering the victims of the distributing hoax not only suffered material losses but most also non-material. Criminal liability will be effective if the victim also actively reported their cases of hoax. Second, the Government should thinking about the long term impact of facebook existence which has a negative impact on society. The main point is, literacy education to the community is the most basic thing. Every level of society must know how to use social media to appropriate.Keywords: Criminal Responsibility - Hoax - Social Media
PENYIDIKAN TINDAK PIDANA PERJUDIAN DALAM GELANGGANG PERMAINAN OLEH KEPOLISIAN RESOR KOTA PEKANBARU Putri, Hana Aulia; ', Erdianto; Rahmadan, Davit
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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The social problem that is still mushrooming in the community is the phenomenon of gambling. Gambling is an act that is contrary to religious, moral, moral and legal norms, and is harmful to the livelihoods and lives of the people, nation and state. People who use the opportunity to play gambling as stipulated in article 303 of the Criminal Code are subject to criminal sanctions as stipulated in article 303 bis of the Criminal Code, with a maximum imprisonment of four years or a maximum fine of Rp.10,000,000.00 (ten million rupiah). In Pekanbaru City, gambling cases are increasingly happening with various modes used, one of which is gambling in the game arena with a mode as a children's playground. Game venues that should be played by children but misused or converted as gambling places played by adults. The purpose of this thesis writing is to find out the investigation of the crime of gambling in the game arena by the Pekanbaru City Police to find out the obstacles in investigating the crime of gambling in the game arena by the Pekanbaru City Police, and to find out the efforts made by the Resort police Pekanbaru City in overcoming barriers to investigating gambling crimes in the game arena.This type of research can be classified in the type of empirical juridical research. Because in this study the author directly conducts research on the location or place studied in order to provide a complete and clear picture of the problem under study. This research was conducted at the Pekanbaru City Police Department. The results of research conducted by the author are first, Investigation of criminal acts of gambling in the playground by Pekanbaru City Police Force is carried out with the stages of receiving reports / complaints, investigations, stages of investigation and forced efforts. Second, the obstacles faced in conducting investigations are the difficulty of proof because the place of the game is closed, lack of awareness and legal awareness of the community, and the intervention of the parties or certain elements. Conducted by Pekanbaru City Police in overcoming barriers is holding special learning activities for the police, conducting legal counseling, conducting patrols and routine surveillance, fighting police officers who protect crime, and forming a special team to spy on places that are often used as gambling places.Keywords: investigation - gambling - game arena
Tinjauan Hukum Pertanggung Jawaban Penggunaan Munisi Tandan (Cluster Bom) dalam Hukum Humaniter Internasional Berdasarakan Convention On Cluster Munition 2008 Ike Angrayni; Evi Deliana; Aditiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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International Humanitarian Law is part of the International Law which deals with human treatment in one situation, especially in times of conflict. This means, before international humanitarian law was developed, there was no rule of law concerning regulation in time of war. One regulated in humanitarian law is to limit the use of armed forces in warfare on the basis of the principle of proportionality and discrimination. which is the type of weapon is very dangerous for humanity, one of these weapons is cluster munition, cluster munition is A conventional powder designed to disperse or release explosive submunitions each weighing less than 20 kilograms, and including explosive explosives . Another term from it is cluster bombs or cluster bombs, because many countries are concerned about the use of these weapons, a convention on cluster munition was established in 2008 in Oslo, which regulates the use of cluster munitionsThe problem posed in this paper is about the a legal review of usage cluster munition ands review of Cluster Bomb's Law of Accountability in International Humanitarian Law based on Convention On Cluster Munition 2008, this type of research is normative legal research that examines the law based on its principles.From this research, it can be known that firstly, the use of cluster munitions or cluster bombs is very dangerous because this bomb can switch function as a land mine that can endanger civilians and can threaten Human Rights every person, second, every State has signed a convention on cluster munition shall comply with the contents of the convention which governs the State's accountability of the use of cluster munitions.Keywords : Cluster Munition, Convention on Cluster Munition 2008, State Responsibility
PEMBINAAN NARAPIDANA DI LEMBAGA PEMASYARAKATAN GUNA MENCEGAH TERJADINYA TINDAK PIDANA DI LEMBAGA PEMASYARAKATAN KELAS II A KOTA PEKANBARU MENURUT UNDANG - UNDANG NOMOR 12 TAHUN 1995 TENTANG PEMASYARAKATAN ', Jepriza; ', Erdianto; ', Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Pekanbaru City Class II A Penitentiary as a sub-system of criminal justiceunder Law No. 12 of 1995 plays a role in the process of preventing criminal actsby providing guidance to inmates, conducting guardianship, and guiding inmates.So from that, the writing of this thesis formulates two problems, namely: First,what is the process of guiding inmates at the Class II A Correctional Institution inPekanbaru City? Second, what are the inhibiting factors in fostering prisoners atthe Class II A Correctional Institution in Pekanbaru City?This type of research can be classified in the type of sociological legalresearch (empirical), This research was conducted at Pekanbaru City Class II ACorrectional Institution, while the population and samples were Head of Class IIA Pekanbaru Lapas Security, Class II A Pekanbaru Class Security and ProcedureSection Head, Class II A Pekanbaru Lapas Security Officer, and Prisoners. Thedata sources used are primary data, and secondary data. Data collectiontechniques in this study were interviews, questionnaires, and literature review.From the results of the problem research there are 2 main things that canbe concluded. First, the process of fostering the prisoners in the Class II ACorrectional Institution in Pekanbaru can be said to not run optimally. This isevidenced by the limited facilities and infrastructure to support the developmentprogram, the state of Lapas that has over capacity, not all prisoners are willing totake part in the coaching program, the number of prisoners who use drugs inprisons, guards officers who are caught making illegal levies, and finally the lackof correctional officers in the field of guidance and teaching staff of thedevelopment program so that the correctional system does not work well inPekanbaru Class II A Correctional Institution. Second, efforts can be madetowards fostering inmates at Pekanbaru Class II A Correctional Institution,namely: overcoming the number of occupants who are over capacity, placingprisoners based on cases, making subtle approaches to inmates who are notwilling to take part in coaching programs, making additional efforts facilities andinfrastructures that support the coaching process, make efforts to add coachingteaching staff and security officers,

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